Delhi Court slams investigation in robbery case, asks MHA for action against IO

By Dhiraj Beniwal
New Delhi [India], June 3 : Delhi's Tis Hazari Court has expressed its displeasure over the investigation of a robbery case, noting that it was not conducted properly and fairly, and criticized the lack of effort to trace three out of four accused. The court has asked the Ministry of Home Affairs (MHA) to take action against the Investigation Officer (IO).
The court has convicted the sole arrested accused, Shadab alias Salman, under sections related to robbery with a deadly weapon.
This case pertains to an FIR of robbery lodged at Kashmiri Gate Police Station in 2018.
Special Judge Ekta Gauba Mann convicted Shadab for the offence related to a robbery.
"Thus, the prosecution has been able to prove all the essential ingredients for the offence punishable Under section 392/397/34 IPC against the accused. Hence, accused Shadab alias Salman is accordingly convicted for the offence punishable under Section 392/397/34 IPC," the court ordered on May 31.
The court remarked that despite the statements of the victims of the robbery and one public witness that the offence was committed by four accused, the IO did not make efforts to trace the three others.
"It is observed that although the eyewitnesses (Victim/complainants) namely Ankur Goel, Achint Goel and Girish Pandey (Public Witness), all have proved the complaint that there were four accused persons at the time of robbery IO / Investigating Officer SI Ashok Kumar has not conducted investigation properly and fairly and not tried to trace out the other three co-accused persons even though the present case pertains to the year 2018," Special judge said in the judgement.
The court ordered, "Hence, copy of this judgment be sent to the Ministry of Home Affairs, Govt. of India, Delhi for information and necessary action that IO SI Ashok Kumar has not properly investigated the present matter as per law qua other accused persons for reason best known to IO."
The prosecution's case is based on a complaint made by Ankur Goel on September 23, 2018, that on that date at around 8:00 a.m., he was travelling with his cousin brother Achint Goel in an Auto Rickshaw. When they reached at the red light near Mori Gate Gol Chakker then from behind two boys came on a bike and stopped the auto rikshaw by parking their bike ahead of it both the bike riders got down and one of them came near him and another came with a pistol.
The said bike rider put the pistol on Achint Goel to take out whatever they had. In the meantime, two other boys came on another motorcycle and the said two boys watched all around to aid the execution of the robbery, Goel alleged.
It was also alleged that the complainant gave his gold bangle and PW Achint Goel gave his gold chain and gold ring to them and then, all the said four boys on their respective motorcycle ran away towards the Tis Hazari side. On this complaint, an FIR was registered and the investigation was carried out the accused was arrested and a chargesheet was filed under Section 392/397/34 IPC.